NEW ORLEANS — A federal jury has ruled that a New Orleans police officer violated the constitutional rights of a couple by fatally shooting their 16-week-old puppy — but the officer, Derrick Burmaster, will face no personal penalty due to qualified immunity.
The jury awarded $10,000 for emotional distress and $400 for the value of the rescue dog, Apollo. The city of New Orleans must pay the damages.
“We are so glad to have justice for Apollo,” said the couple’s attorney, William Most. “We hope this trial will achieve lasting change in the way the New Orleans Police Department trains its officers to handle animals they meet in the field.”
The Shooting
The 2021 incident occurred when officers responded to a domestic disturbance at the home of Julia Barecki-Brown and Derek Brown. As Burmaster and his partner entered the yard, Apollo, a small Catahoula Leopard puppy weighing 22 pounds, ran toward them.
Burmaster later claimed he feared the dog would bite him in the genitals. With one hand covering his crotch, he fired three shots, killing Apollo.
Footage from police body cameras shows the puppy dying in its owners’ arms, as Julia Barecki-Brown shouted: “How could you shoot a puppy? This is the love of our lives.”
Violations and Internal Investigations
Multiple internal NOPD investigations concluded that Burmaster violated department policies, and the department’s Use of Force Review Board unanimously deemed the shooting unjustified.
Key findings included:
- Apollo posed no legitimate threat
- Burmaster failed to consider non-lethal alternatives like kicking, a Taser, or withdrawing
- He was not wearing body armor or carrying his baton, in violation of protocol
Burmaster had previously fatally shot another dog, court records show.
Legal and Disciplinary Outcomes
The Browns sued both Burmaster and the city in 2022. Although a federal judge allowed the case to proceed to trial, department leadership controversially cleared Burmaster of wrongdoing in 2023 during the final stage of internal review.
Independent Police Monitor Stella Cziment criticized the reversal, calling it a failure of accountability.
“The claim that the NOPD ‘reversed’ in response to the civil lawsuit is spurious,” the city said in a statement. “The department had not reached a final decision before the suit was filed.”
Sgt. David Duplantier, an academy instructor, claimed Burmaster “acted properly” based on perceived imminent harm, though earlier reviews rejected that assessment.
Qualified Immunity and Broader Implications
Despite the jury finding Burmaster liable under state laws of negligence and wrongful property destruction, he is shielded personally under qualified immunity, a legal doctrine that often protects government employees from lawsuits over actions performed on duty.
The case has reignited scrutiny of police use-of-force policies involving animals and comes as federal oversight of NOPD — imposed due to a legacy of abuse and misconduct — nears its end.
Apollo’s case, while ending in a financial award for his owners, leaves many calling for deeper accountability and reform within the New Orleans Police Department.
